THE OBLIGATION TO INFORM ONE ANOTHER OF THE INSURANCE CONTRACTIG PARTIES. LIMITS AND CONTENT OF THE OBLIGATION, FROM THE POINT OF VIEW OF EACH OF THE CONTRACTING PARTIES
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
In contractual relationships, in general, and as regards the insurance contract, in particular, the obligation to inform one another is of particular importance, all the more so as it is an effective means of protection for both contracting parties. The obligation of the professional to provide advice to the user of insurance services in order to conclude the contract requires the observance of certain principles such as loyalty and good faith and is carried out, as a rule, by insurance intermediaries. The obligation to advice of the insurer refers, and at the same time is limited, exclusively to the framework of the insurance operation, without involving external aspects and that are presumed to be known by all. According to some opinions, the obligation to advice is distinguished from the obligation to provide information, the content of which is distinct and refers to the contractual relationship and not to the pre-contractual relationship. Also, the other contracting party, the insured, has the obligation to inform the insurer, being mandatory that the insured acts in good faith when providing the information required by the insurer, information that is considered by the insurer important when taking over and quantifying the risk. The insurance contracts must be executed with the utmost good faith. The aspects related to hiding certain key elements are often found in insurance contracts. Failure to inform or distortion of the facts is a violation of the obligation to inform, involving, together with fraud, serious consequences in the execution of the contracts. Failure to inform or distortion of the facts is a violation of the obligation to inform, involving, together with fraud, serious consequences in the execution of the contract by the insured. All these aspects will be the subject of our analysis, presented within this article.
Authors and Affiliations
Matei DĂNILĂ
Keywords
Related Articles
- EP ID EP589058
- DOI -
- Views 96
- Downloads 0
THE SHAREHOLDERS VOTING RIGHTS IN COMPARATIVE LAW
The most important consequence of owning shares in a company is the possibility to exercise your voting right as a shareholder and decide the future of the company and of your own capital increases. Nowadays, companies a...
CONTROL ACTIVITY CARRIED OUT BY THE PREFECT. ROLE, MISSION, PERSPECTIVES
The prerogative of the control constitutes an efficient instrument in achieving managerial objectives at all levels and in all fields of activity and, by virtue of the professional experience that I have acquired, I have...
CONSIDERATIONS ON THE MATERIAL ELEMENT OF THE OBJECTIVE SIDE OF THE CRIMINAL OFFENCE OF PUBLIC ORDER AND TRANQUILITY DISTURBANCE, AS PROVIDED IN ARTICLE 371 OF THE CRIMINAL CODE
These considerations are brought about by Decision no. 9 of 12 April 2016 of the High Court of Cassation and Justice, the Panel for the settlement of matters of criminal law. The panel was called to rule on the following...
THE REFERENDUM, REFLECTED IN THE ROMANIAN CONSTITUTIONAL COURT'S CASE LAW
The referendum is the main instrument of direct democracy, a means of consultation by which the People has the possibility to directly exercise national sovereignty. In Romania, the referendum has to be organized every t...
THE PERSONS DEPRIVED OF LIBERTY, AS PASSIVE SUBJECT OF THE CRIMINAL EXECUTION LEGAL RELATIONSHIPS
The study analyzes the behaviour of individuals deprived of their liberty both as an individual phenomenon and in relations established during the execution of custodial sentences. The impact of detention on these people...